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the Reiling Tower. This discrepancy was discovered during recent inquiries by Clear Wireless to add new antennas to the Reiling Tower. The antenna tower had been maintained by a company called Great River Wireless; however, they abandoned their rights to the tower in early 2009 due to a disagreement with the Reiling Estate. Mike O'Rourke from U.S. Bank was hired by the Reiling Estate to manage the property. Staff informed Mr. O'Rourke that the tower needed to be brought into compliance with the original CUP or the original CUP would need to be amended to address the changes that were made over the last 38 years. However, a CUP amendment request is made somewhat more complicated because the tower has become a legal non -conforming use. A legal non -conforming use means that the tower was originally constructed in conformance with the Zoning Code but, over time, the Code changed and the tower is no longer in conformance with the Zoning Code. The Reiling Tower is a legal non -conforming use because at some point after the tower was approved in 1972, the City changed the Zoning Code to make antennas a conditional accessory use in all zoning districts except for the B-3 District and heights were limited to 75 feet. This change meant that new towers could only be built on sites with other uses and antennas could not be placed at heights greater than 75 feet, except for on City water towers. Because the Reiling Tower is the only use at 1296 County Road F and it is greater than 75 feet tall, it is a legal non -conforming use. Allowing additional antennas would be an expansion of a non -conforming use. A legal non -conforming use can only be expanded in one of two ways: 1. The applicant could request a variance, but he would need to demonstrate a hardship as required under State Statutes; or, 2. The applicant could request a Zoning Code amendment to make the existing non conforming towers conforming, thus permitting additional antennas to be placed on them. It would be quite difficult to prove a hardship in this type of case, which is why the applicant is requesting a Zoning Code amendment. If the Zoning Code amendment is approved, the applicant is then requesting a conditional use permit amendment to allow the existing antennas to remain on the tower and allow future replacement or relocation of those existing antennas. Without the Zoning Code amendment and CUP Amendment the antennas that have been added over and above the original seven would have to be removed from the tower. Approval of this planning case would bring the tower into conformance with the Zoning Code and allow only those existing antennas to remain. Any additional antennas would be required to receive a CUP Amendment in order to be installed. Besides the Reiling Tower, there are two other freestanding antenna towers located in Arden Hills. The Arden Tower at 1777 Gateway Boulevard is also considered a legal non- conforming use because it is not accessory to another use and exceeds the 75 foot height limi g t. However, the Arden Tower CUP already includes provisions that allow for additional City of Arden Hills Planning Commission Meeting for April 7, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009 W-023 Refiling Tower Zoning and CUP Amendment (CC Tabled)W4-07-10 -PC Report - Refiling Tower CUP Amendment. doc Page 3 of 10